When applying for dual Italian citizenship jure sanguinis, obtaining the birth certificates of Italian ancestors is of critical importance. Sometimes people run into the issue of needing a birth certificate of a deceased ancestor, who was born in New York State. New York State has strict privacy laws, governed by NY Public Health Law 4174 which states they (b) issue certified copies or certified transcripts of birth certificates only (1) upon order of a court of competent jurisdiction, or (2) upon specific request therefor by the person, if eighteen years of age or more, or by a parent or other lawful representative of the person, to whom the record of birth relates including authorized representatives of a local social services district if the person is in the care and custody or custody and guardianship of such district, or (3) upon specific request therefor by a department of a state or the federal government of the United States;
Pursuant to the statute, a court order is required for a deceased person’s birth certificate. The process for procuring a court order is in essence an adversarial lawsuit against the state. I have successfully procured these court orders for clients in the past. If you’re in need of a court order to release a deceased ancestor’s birth certificate in New York State for dual Italian citizenship purposes, please reach out. We charge flat rate legal fees inclusive of costs, so there are no surprises to you.

